Idaho Renter’s Rights for Repairs

Idaho Renter’s Rights for Repairs

Last Updated: April 21, 2023

Tenants in Idaho have the legal right to repairs for issues that place the property in violation of state health and safety standards. To exercise this right, they must properly notify the landlord in writing and allow three days for the repairs to be made. 

Idaho Landlord Responsibilities for Repairs

Idaho landlords are responsible for keeping all of the following in good working condition:

  • Plumbing.
  • Electricity.
  • Waterproofing and weather protection.
  • Provided heating, ventilating, and sanitary facilities.
  • Hot water.
  • Means for garbage to be stored and removed from the premises.
  • Common areas.
  • Anything impacting health, safety, or habitability.

If any of the above stops working properly, and the tenant isn’t at fault for the damage, the landlord is the one responsible for making the repairs necessary to fix it.

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What Repairs Are Tenants Responsible for in Idaho?

Idaho tenants are responsible for repairing any damage from their own actions or negligence, with the exception of ordinary wear and tear. In particular, tenants are liable for anything related to their lack of cleanliness or improper use of facilities.

Requesting Repairs in Idaho

Idaho tenants must request repairs by describing the issue in writing and delivering the notice to the landlord. Repair requests can be given personally to the landlord or responsible employee, left at their offices, or sent by certified mail. The landlord has three days to fix issues after receiving notice.

How Long Does a Landlord Have To Make Repairs in Idaho?

A landlord in Idaho has three days to make repairs after getting a written request from the tenant that describes the issue.

Can the Landlord Refuse To Make Repairs in Idaho?

Idaho landlords cannot refuse to make repairs that are their responsibility. However, the landlord’s refusal to repair does not legally excuse the renter failing to keep the terms of the rental agreement. For example, a landlord who fails to repair can still evict for a default on rent.

Do Landlords Have To Pay for Alternative Accommodation During Repairs in Idaho?

Idaho landlords have no responsibility to pay for alternative accommodation while they conduct repairs. However, an issue that completely forces the tenant out of the premises is typically grounds to claim constructive eviction, move out, stop paying rent, and end the lease.

Tenant’s Rights if Repairs Aren’t Made in Idaho

Idaho tenants can sue for damages or get an injunction to force repairs when a landlord doesn’t address issues in a timely way. In severe cases, tenants might cancel the rental agreement under a theory of constructive eviction. The tenant can recover costs and attorney fees in any case.

Can the Tenant Withhold Rent in Idaho?

Idaho tenants cannot withhold rent. In a situation where the landlord fails to repair a severe issue that substantially prevents the intended use of the premises, the tenant can only stop rent payments after claiming constructive eviction and moving out to end the lease.

Can the Tenant Repair and Deduct in Idaho?

Idaho tenants can only personally repair and then deduct from rent when the landlord hasn’t ensured working smoke detectors at the beginning of a tenancy.

Can the Tenant Break Their Lease in Idaho?

Idaho tenants usually can’t break the lease for the landlord’s failure to repair. Breaking the lease is only allowed in cases of constructive eviction, where a landlord’s action or failure is so severe that it substantially prevents the intended use of a rental property.

Can the Tenant Sue in Idaho?

Idaho tenants can sue to force repairs or recover monetary damages plus court costs and attorney fees, when the landlord doesn’t make timely repairs.

Can the Tenant Report the Landlord in Idaho?

Idaho tenants can report landlords for code violations that affect health or safety. Tenants should usually report to the local inspections or code enforcement department. If an inspecting officer finds a violation, the tenant could sue to force repairs.

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Landlord Retaliation in Idaho

It’s illegal for Idaho landlords to retaliate against tenants by attempting eviction after they report violations of housing or safety codes, or otherwise try to secure a legal right related to their rental of the property. The tenant has the burden of proof when alleging retaliation.

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